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Entry Posted July 18, 2008

http://www.nytimes.com/2008/07/19/us/19exclude.html Is suppressing evidence the best remedy for police (or procedural) misconduct? The US is pretty much unique in this regard. 20:03

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Chris Weigant (www.huffingtonpost.com):
… evidence cannot be entered in court, they are more likely to follow the strict constitutional requirements for searches. The rule is also, perhaps surprisingly, unique to the United States. Writing in the New York Times in July, Adam Liptakobservedthat we are the "only country to take the position that some police misconduct must automatically result in the suppression of physical evidence." Most other countries use a theory of "balancing," meaning that the egregiousness of the constitutional …

Breaking News and Opinion on The Huffington Post (huffingtonpost.com):
… evidence cannot be entered in court, they are more likely to follow the strict constitutional requirements for searches. The rule is also, perhaps surprisingly, unique to the United States. Writing in the New York Times in July, Adam Liptakobservedthat we are the "only country to take the position that some police misconduct must automatically result in the suppression of physical evidence." Most other countries use a theory of "balancing," meaning that the egregiousness of the constitutional …

getoffmylawn.org (www.getoffmylawn.org):
… ANew York Times article does not take a friendly posture towards the “exclusionary rule”, which simply put requires the courts to toss any evidence obtained during an illegal search.  Maybe I am missing the point but the article sure seems to take the posture that we are out of step with the rest of the world by placing this burden on the …

Trial Ad (and other) Notes (trialadnotes.blogspot.com):
… Some foreign judges may be put off by the vocal Americans who say that American courts shouldn't cite foreign precedents.Earlier articles in the series:In U.S., Expert Witnesses Are Partisan, N.Y. Times, Aug. 11, 2008.U.S. Is Alone in Rejecting All Evidence if Police Err, N.Y. Times, July 19, 2008.Unlike Others, U.S. Defends Freedom to Offend in Speech, N.Y. Times, June 12, 2008.Rendering Justice, With One Eye on Re-election, N.Y. Times, May 25, 2008. …

Law Blog - WSJ.com (blogs.wsj.com):
… ve been chosen and paid for by the parties. “In most of the rest of the world,” writes Adam Liptak in today’s NYT, “expert witnesses are selected by judges and are meant to be neutral and independent.” (Clickherefor Liptak’s last look at how the U.S. legal system differs from that of the rest of the world.) Dr. Leonard Welsh, a psychologist who provides expert testimony, told the NYT that he sometimes found his work compromising. “After you come out of …

PrawfsBlawg (prawfsblawg.blogs.com):
… Selective Exceptionalism? Adam Liptak’s series on “American Exceptionalism” in the NY Times,the latest installment of which treats the exclusionary rule, connects in some counterintuitive ways with the relatively recent brouhaha about the Supreme Court’s deployment of foreign sources of law. The debate about relying on foreign sources of law has generally seemed to pit those on the left in favor of …

Prawfs (prawfsblawg.blogs.com):
… Selective Exceptionalism? Adam Liptak’s series on “American Exceptionalism” in the NY Times,the latest installment of which treats the exclusionary rule, connects in some counterintuitive ways with the relatively recent brouhaha about the Supreme Court’s deployment of foreign sources of law. The debate about relying on foreign sources of law has generally seemed to pit those on the left in favor of …

Daniel Silliman (danielsilliman.blogspot.com):
… criminal justice ignored on campain trail frank gehry gets prickley the perils of access pew news quiz the definitive puff piece the apocalypse. for kids! history of the FBI by the FBI the woman who experimented with children's librarieswhen police blundertalking about war please don't think i'm a serial killer the short but significant career of Chrisopher Nolan …

Katherine Kersten (www.startribune.com):
… they’d busted a major drug operation. Harrison had 77 pounds of cocaine in his trunk — enough to addle hundreds of people’s brains. But this stop, and the seizure of Harrison’s giant stash, were not the end of the story. According to theNew York Times, the trial court ruled that the arresting officer’s justification for Harrison’s stop and search “was contrived and defied credibility.” The judge added that the search “was certainly not reasonable,” and that police had showed a “brazen …

Katherine Kersten (ww3.startribune.com):
… they’d busted a major drug operation. Harrison had 77 pounds of cocaine in his trunk — enough to addle hundreds of people’s brains. But this stop, and the seizure of Harrison’s giant stash, were not the end of the story. According to theNew York Times, the trial court ruled that the arresting officer’s justification for Harrison’s stop and search “was contrived and defied credibility.” The judge added that the search “was certainly not reasonable,” and that police had showed a “brazen …

Daniel Silliman (danielsilliman.blogspot.com):
… criminal justice ignored on campain trail frank gehry gets prickley the perils of access pew news quiz the definitive puff piece the apocalypse. for kids! history of the FBI by the FBI the woman who experimented with children's librarieswhen police blundertalking about war please don't think i'm a serial killer the short but significant career of Chrisopher Nolan …

The Sideshow (sideshow.me.uk):
… been unique in placing importance on the exclusionary rule, but with more and more right-wing judges on the bench, there have been more convictions based on evidence that is clearly the fruit of the poisonous tree - and we now have a Supreme Court thatjust might think that's a good idea. Rorschach says: "Doctors are now required to lie to their patients in South Dakota (as if having only one clinic in the state weren't insult enough)" about abortion. And he says the Indy advises that in the Guantanamo cases, it may be Muslim …

Diogenes'six (ched-macquigg.blogspot.com):
… LINK …

Belligerati (www.belligerati.net):
… Law and Order fans often cheer when the thuggish police violate a criminal's civil liberties and they are found not guilty as a result. I'd never thought about it before, but the NY Times (Should Suspects Go Free When Police Blunder?) reports that the US is the only country that does so. Although the textual argument for excluding the fruit of the poisoned vine may be weak, I have to say that I prefer this rule. In the US Grand Juries, police, and district attorneys have so much …

Harmful Error (www.harmfulerror.com):
… Stabbing credibility. Sebelius City Life 7/21/08 (re: dismissal of charges against Francis Allen) Louisiana asks court to revisit rape laws. NYTimes 7/22/08 Felons seeking Bush pardon near a record. NYTimes 7/19/08U.S. is alone in rejecting all evidence if police err.NYTimes 7/19/08 Posted by jthomas at 06:35 AM | Permalink | Comments (0) …

JAABlog (jaablog.jaablaw.com):
… JAX DAILY RECORD Supreme Court judicial selection on fast track BROWARD NEW TIMES Shak Dhanji may have what it takes to replace Ken Jenne CNN.COM Stink over Judge Gold's supersedeas bond NEW YORK TIMESU.S. Is Alone in Rejecting All Evidence if Police ErrLAW.COM Feds Make It Official, Indict Former GA Judge and Four Others DAILY BUSINESS REVIEW Hess Kennedy put in receivership DBR'S INSIDE TRACK BLOG Palm Beach lawyer cuts his hair to challenge Wennet …

Plumb Bob Blog (www.plumbbobblog.com):
… Mapp v Ohio extended the rule to all the states by way of the 14th Amendment. Some recent cases, however, have suggested that the Court is ready to make changes in the Exclusionary Rule. Adam Liptak of the New York Times observed over the weekend thatthe US is alone among nations of the world in enforcing an exclusionary rule.The United States is the only country to take the position that some police misconduct must automatically result in the suppression of physical evidence. The rule applies whether the misconduct is slight or serious, and without regard to the gravity …

The Sideshow (sideshow.me.uk):
… been unique in placing importance on the exclusionary rule, but with more and more right-wing judges on the bench, there have been more convictions based on evidence that is clearly the fruit of the poisonous tree - and we now have a Supreme Court thatjust might think that's a good idea. Rorschach says: "Doctors are now required to lie to their patients in South Dakota (as if having only one clinic in the state weren't insult enough)" about abortion. And he says the Indy advises that in the Guantanamo cases, it may be Muslim …

the new shelton wet/dry (www.pantherhouse.com):
… it my wife was so upset and distraught and distressed that she had a major heart attack,” said Giles, whose wife died shortly after ABC News interviewed him. { ABC News | Continue reading } artwork { Botticelli, La Derelitta, c. 1495 } related {U.S. is alone in rejecting all evidence if police err.} READ MORE >> sex-oriented, USA, incidents | 0 Comment July 23rd, 2008 …

allpurpose.newsvine.com - Chello (allpurpose.newsvine.com):
… …

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